PART VIIGENERAL RULES
Misconceived case44.
(1)
A case before the Tribunal is misconceived if it is–
(a)
outwith the jurisdiction of the Tribunal;
(b)
made otherwise than in accordance with these Rules and has no reasonable prospect of success; or
(c)
frivolous or vexatious.
(2)
Where a case appears to the Clerk to be misconceived, the Clerk shall refer the case to a Convener.
(3)
The Convener may decide whether the case is misconceived either alone or with such other members as the Tribunal may direct.
(4)
Before dismissing a case as misconceived, the Convener may–
(a)
send notice of the proposed dismissal to the relevant persons inviting them to make written representations within 28 days or such other period as may be specified by the Convener;
(b)
afford the relevant persons an opportunity to be heard.
(5)
The Convener may where appropriate, on dismissing a misconceived application refer the matter to the Commission.
(6)
Rule 72 shall apply to a decision made under this rule.